Appeal a Decision

The Division holds various types of hearings and conferences to resolve appealed cases. When there is an investigation of a complaint and either party, or both parties, disagrees with the decision they have a right to have the case reviewed and to participate in a hearing. Appeal rights are also available to contractors who perform public work and whose application for registration is denied.

The following is divided into a section for the complainant, for the employer, and for the contractor.

COMPLAINANT APPEAL:

After your claim has been investigated you will be advised of the result. If you do not agree with the outcome you have the right to request a Wage Collection proceeding. (Note: Certain types of complaints involving benefits - for example, vacation, holiday, sick, expense reimbursement, commission, severance, or bonus pay - are not investigated and are immediately scheduled for a Wage Collection proceeding.)

Wage Collection proceedings are quasi-judicial hearings presided over by Wage Collection Referees. The Referees are not advocates or investigators for either party and can examine only the information presented to them by the parties. Employers and employees are sworn in and are required to provide testimony and present evidentiary materials. You may be represented by an attorney but you are not required to have an attorney. Upon completion of the formal proceeding, the Referee will render a decision based on the evidence and testimony presented. The maximum amount of an award is $30,000. If you are claiming wages in excess of $30,000 you should seek legal advice.

Wage Collection proceedings are conducted in-person. The proceeding will normally be held in Trenton in the Labor Building. All visitors (plaintiffs, defendants, witnesses, representation, etc.) are required to present two forms of identification prior to being admitted to the building. Alternative hearing locations may be available upon request. Please be sure to include any such request in your correspondence asking for a Wage Collection proceeding.

If either party wishes to appeal the decision of the Wage Collection Referee, they may file a notice of appeal with the Division of Wage and Hour Compliance within twenty (20) calendar days after the decision. Appeals will be referred to the Superior Court of New Jersey.

Requests for a Wage Collection proceeding must be in writing and can be faxed to (609) 984-3005 or can be mailed to the address listed below. Please note that requests cannot be accepted by email at this time. For additional information contact the Wage Collection Section at (609) 292-3658.

After an investigation is conducted, and it is determined wages, fees and/or a penalty is due, the employer is sent an Assessment letter. If the employer does not agree with the amount of wages, fees or penalties which have been assessed, there is a section of the letter for the employer to complete and return to the Division indicating a protest of the findings.

Upon receipt of the appeal, a supervisor will review the case and will contact the employer by telephone to explain the violations and attempt to resolve the case. If the case cannot be resolved through an informal conference, the supervisor will refer the case to the Hearing and Review Unit which will schedule a formal hearing before a Hearing and Review Officer.

A conference is scheduled before a Hearing and Review Officer when the employer disagrees with the amount of wages, fees or penalties which have been assessed or, the employer agrees to pay the wages due but disputes the amount of a penalty.

These conferences are usually held in Trenton in the Labor Building however, alternative locations are available upon request. The request for a different location should be included when the employer returns the detachable portion of the Assessment Letter. You may be represented by an attorney but are not required to do so.

If the employer does not agree with the decision of the Hearing and Review Officer the employer has further appeal rights and the case proceeds to the Office of Administrative Law.

Requests for a hearing must be in writing and can be faxed to (609) 292-1190 or can be mailed to the address listed below. Please note that requests cannot be accepted by email at this time. For additional information call (609) 292-2305.

An employer may also appeal a decision from a Wage Collection Referee. Please see the "Complainant Appeal" section for more details about Wage Collection proceedings.

CONTRACTOR APPEAL:

Contractors who perform public work are required to register with the Division. When a contractor's application for registration is denied the contractor is sent a letter explaining the decision and notifying the contractor of their appeal rights.

These cases are heard by a Hearing and Review Officer and are usually held in Trenton in the Labor Building however, alternative locations are available upon request. The request for a different location should be included when the appeal is filed.

If the employer does not agree with the decision of the Hearing and Review Officer the employer has further appeal rights and the case proceeds to the Office of Administrative Law.

Appeals must be in writing and can be faxed to (609) 633-8591 or mailed to the address listed below. For further information, call (609) 292-2305.

The New Jersey Department of Labor and Workforce Development is an equal employment opportunity employer and provides equal opportunity programs.
Auxiliary aids and services are available upon request to assist individuals with disabilities.